Legal Opinion
In Re Mallinckrodt
District Court, S.D. Florida
Decided February 28, 2002No. 01-2430-CIVPublishedCited by 14 opinions
1Opinion of the Court
ORDER REVERSING BANKRUPTCY DECISION AND REINSTATING LOANS
MORENO, District Judge.
The issue in this bankruptcy appeal is whether the bankruptcy judge erred when it concluded that repayment of Appellee George Mallinckrodt’s student loans would constitute an “undue hardship” under 11 U.S.C. § 523(a)(8). Appellants contend that under the correct legal standard, Mal-linekrodt did not satisfy its burden of showing that its financial situation warranted discharge of the loan. The Court agrees and therefore reverses the visiting bankruptcy judge’s decision.
I. BACKGROUND
Mallinekrodt, a…
2Cases cited13 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Marie Brunner v. New York State Higher Education Services Corp.Court of Appeals for the Second Circuit · 1987
- In the Matter of Jerry L. Roberson, Debtor. Appeal of Illinois Student Assistance CommissionCourt of Appeals for the Seventh Circuit · 1993
- In Re Marjorie Jo Faish, Debtor. Pennsylvania Higher Education Assistance Agency v. Marjorie Jo FaishCourt of Appeals for the Third Circuit · 1996
- Brunner v. New York State Higher Education Services Corp. (In Re Brunner)District Court, S.D. New York · 1985
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hemar Insurance v. CoxCourt of Appeals for the Eleventh Circuit · 2003
- Educational Credit Management Corp. v. StanleyDistrict Court, N.D. Florida · 2003
- Douglas v. Educational Credit Management Corp. (In Re Douglas)United States Bankruptcy Court, M.D. Georgia · 2007
- Roach v. United Student Aid Fund, Inc. (In Re Roach)United States Bankruptcy Court, E.D. Louisiana · 2003
- Educational Credit Management Corp. v. CarterDistrict Court, M.D. Georgia · 2002
9 more not listed; retrieve them via the Exa API.